ADR

ADR simply means Alternative Dispute Resolution. It includes, Mediation/Conciliation and Arbitration, Mini-trial all aimed at jettisoning the technicality ridden, time consuming and costly processes of court presided litigation where the winner would take all and business relations may be strained infinitely. The above processes are undertaken, at client’s discretion but under our professional counsel while representing their best interest which is saving of time, money and resources and safeguarding business goodwill.

Through Mediation/conciliation, our ultimate objective as Chartered Mediator(s) in this sub-group when adopted by either party is to neutrally guide disputing parties to arrive at a resolution of their dispute. The resolution becomes the only binding part of the process and is enforceable in court. That means parties are not compulsorily bound to go through the process, and either can opt out at any stage; but by negotiating, they have the opportunity of Seeing Eye to eye in some issues until resolved through their co-operating compromise.

Arbitration involves employing a professional third party neutral (or us if you so choose) to preside over deliberations in the dispute. Relevant documents are relied upon but not in the same strict formality of court litigation until the arbitrator hands down his award based upon his findings and arbitrator’s decision both binding and is subject to appeal.

Mini-trial very much as the immediate past involves a third party neutral in person of a retired judge or senior judiciary officer who would examine the dispute in every case as it would have been were it to go to full trial. Parties are bound by the outcome without undergoing the rigours of a full and formal trial. Technicalities are also avoided.

In doing this, we first define client’s expectations, objectively offer our opinion and target the most suitable process while still eyeing expeditious and cost effective means of achieving result without necessarily compromising our client’s interest.

The occasional attendant delay in litigation makes the ADR attractive to us as a step-out policy. If ADR fails to yield, litigation then becomes inevitable.